Civil Procedure

Diversity Jurisdiction Diversity jurisdiction is a form of federal subject-matter jurisdiction that allows certain civil cases between citizens of different states, or between U.S. citizens and citizens of foreign countries, to be heard in federal court. Its principal statutory basis is 28 U.S.C. § 1332. The basic idea is relatively Read more

Personal Jurisdiction Personal jurisdiction is the authority of a court to exercise judicial power over a particular defendant. In civil litigation, it answers a fundamental question: Does this court have legal authority over this particular person or entity? A court may have subject-matter jurisdiction over the type of dispute but Read more

Subject-Matter Jurisdiction Subject-matter jurisdiction is one of the most fundamental concepts in civil procedure. It determines whether a particular court has legal authority to hear a particular type of dispute and provide the relief requested. Before a court can properly adjudicate the merits of a civil case, it must have Read more

State Courts and Civil Litigation State courts form the largest and most frequently used part of the American judicial system. Unlike federal courts, which possess limited jurisdiction, state courts generally have broad authority to hear civil disputes arising under state law. Contract disputes, personal injury claims, family matters, property disputes, Read more

Federal Courts and Civil Litigation Federal courts play a central but carefully limited role in the American system of civil litigation. Unlike state courts, which generally possess broad jurisdiction over civil disputes, federal courts may hear only those cases that fall within the jurisdiction granted by the Constitution and federal Read more

The Stages of a Civil Lawsuit A civil lawsuit is not a single event that takes place in a courtroom. It is a structured legal process that can begin long before trial and continue after the judge or jury has reached a decision. Although the exact procedure varies according to Read more

Sources of Civil Procedure Civil procedure does not come from a single source. The rules governing civil litigation in the United States are drawn from a combination of constitutional provisions, statutes, procedural rules, judicial decisions, court rules, and other authoritative legal materials. The precise sources that govern a particular case Read more

Civil Procedure vs. Substantive Law One of the most fundamental distinctions in the study of law is the distinction between substantive law and procedural law. The distinction is particularly important in civil litigation because a person may possess a valid legal right but still need to satisfy numerous procedural requirements Read more

What Is Civil Procedure? Civil procedure is the body of rules and legal principles that governs how civil disputes are brought before courts, developed through litigation, decided, and, where necessary, reviewed or enforced. It is concerned not primarily with what legal rights people have, but with how those rights are Read more